The Philippine Islands, 1493 1898: Volume XVIII, 1617 1620 by Various

V >> Various >> The Philippine Islands, 1493 1898: Volume XVIII, 1617 1620

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I do not altogether believe what is said and written about Lucas de
Bergara Gaviria, as this is a country where accusation is practiced
considerably, and even the giving of false testimonies; and in this
way some men make themselves feared. Such men have even obtained in
that way what they have not merited by other and lawful means. And
notwithstanding that in the long time that elapses before the truth
is established, the rival suffers, there is no one who will not
[finally] bear the stigma [of his wrongdoing], and especially if any
religious are dissatisfied. In such cases, there is nothing to do but
keep patient, and to pray God for a remedy, for it is the most cruel
persecution that is suffered. Seldom is a man so fortunate that with
but little to give he can satisfy many claimants. As each one tries
to favor his own client or clients, they all resent any other being
preferred to them; and their eagerness or partiality does not allow
the advantage of merits to be recognized, even if it be known. A
good example of this was seen during the term of the good governor,
Don Juan de Silba, who was discussed quite differently in writing
and in the pulpits than he deserved. Consequently, by having heard
these reports, I have resolved not to believe those which have been
written of Bergara; but when the investigation that I ordered to be
made comes, I shall advise your Majesty of what shall be considered
as true, so that you may enact what is most fitting for your service.

I have not heard other Maluco news with the certainty that I may
affirm it. However, those items that are considered most certain are,
that the Dutch have a great number of ships, and although not more than
enough men, they still have sufficient for them; and the number of men
cannot be small if they can man the ships after leaving the necessary
men in their forts and factories. Of this and other details of their
and our forts, a long relation is given by Captain and Sargento-mayor
Alonso Martin Quirante (who is one of the most trustworthy soldiers
and one of the most experienced in those regions), so that it may be
sent to your Majesty with this letter.

The English who go within range of the Flemish factories are
having fierce engagements and wars with them, according to the news
received. It has been learned from some that they [i.e., the English]
wish to ally themselves with us, so that we may together attack the
Flemish. Although I am not in relations with those people, they pledge
that those who do not confederate with them they will not fail to
regard as enemies. Meanwhile, there is no permission from your Majesty
to trade here; nor do they render the submission due, and which should
be assigned to them. Still, so that we may proceed in the service of
your Majesty with greater certainty, I entreat that you will have sent
to me the order that I am to observe in this, as well as toward some
Dutch prisoners who are here; it does not seem proper for me to put
them to death, as that would be in so cold blood, and it is even less
so to trust in those who desire liberty for themselves and evil for us.

The king of Terrenate is also a prisoner here, and is causing expense
to your Majesty, and anxiety to those who guard him. In my opinion,
I do not know whether he can do us more harm, if he was in his own
country, than that which his son is causing us, who possesses the
country and has allied himself with the Dutch. On the other hand,
the king might cause revolt among themselves and their vassals, if
he tried to dispossess his son of the government, since the king is
so offended and so angered as he is with the ill-treatment that he
has experienced from his son. Will your Majesty ascertain what is
most to your service in this, and order me accordingly.

I have been unable to make any investigation in the loss of the six
galleons that had occurred when I reached this country, of which I
immediately informed your Majesty. For, as Don Geronimo de Silba would
have to be blamed for it, as the one who was captain-general on sea
and land, and in the event of his acquittal, the blame must fall upon
another, or he would remain guilty; and inasmuch as he is protected by
the judge conservator with bulls from his order (that of St. John),
to which likewise is joined the assertion that an order from your
Majesty is necessary to make that investigation: for that reason, I
have been unable to investigate it fully and specifically, but 1 shall
fulfil whatever your Majesty shall command, on the arrival of those
orders. If now I should try to make any investigation I could not do
so, as I have heard so much different talk about it. In my opinion
such and greater disasters may happen, without any blame resting
on those who give the orders, or on those who execute them. Many
such disasters have been seen to occur, thus in the sea, when it is
excited by any violent storm--and more, since it is among islands,
where there is no place for the ships to run free.

Don Geronimo de Silba has petitioned me to appoint him to the office
of captain-general of the artillery, with the officials and assignment
that it has in other districts. That has been refused him, inasmuch as
there is nothing here for which or with which to add that expense. If
I gave him the title, it was rather to fulfil your Majesty's decree
ordering it, than by any necessity of there being such an office. He
is also talking of a journey to that court, if your Majesty will be
pleased to grant him permission.

I petition your Majesty to appoint, for the third person who serves,
one of such qualities and characteristics that he can succeed to
this government, if a person for that should be lacking, and to the
presidency, in case that your Majesty does not now wish the Audiencia
to succeed to everything; for if they always avoid having more than
one head, your Majesty's service will fare better--and of that we have
already had experience here, as in other regions. For the same reasons
it would be advisable for such a person to be governor of Terrenate,
and even the castellan of this castle; even if he should not have
to serve for more than his duties there, and with his counsels,
your Majesty would be excellently served. With that intention I have
proposed to your Majesty the persons whom I know, in my opinion,
to be suitable. Likewise other persons should be sent me for other
purposes, chiefly for clerkships [_officios de la pluma_] and for the
administration of the royal treasury. They should have been reared in
a good school and have exhibited good qualities; and they should be of
no other [than the clerical] class, because of the great importance
of efficient care, method, and system in the handling of papers and
accounts. That care and system signifies much in such employment,
and even more when it is lacking, since a deficiency therein is more
grievous. Inasmuch as the accountant, Francisco Lopez Tamayo, left the
department of accounts because of his advanced age and his ill-health,
I appointed Pedro de Lensarra as accountant in his stead. He came
in the caravels with Ruy Gonzalez de Sequeyra. I appointed him here
for this purpose for I thought him a man just and intelligent in
the matter, according to what I have hitherto been able to learn;
and I made more of his good qualities than of the jealousy exhibited
toward him by some, who call him a criminal and blasphemer--but I
am not surprised that it is rather unusual here to praise any person
very highly. What I can say of him is that the way in which he fills
his office has not as yet displeased me. On account of his report to
me and that of the royal officials, in response to an order of mine
issued for the correction of certain abuses, which I shall mention
below, I instituted a reform in them as follows.

During the term of my predecessor a meeting was held by the president,
auditors, and royal officials then in office (some of whom still hold
their offices). In that meeting reasons were given, with precedents
and instances, that were deemed sufficient for them to resolve to
distribute among themselves and other officials of the Audiencia,
and the archbishop of this church, three thousand five hundred fanegas
of rice, at the price at which the grain is furnished as tributes to
your Majesty. Since I saw that there was no royal order for it from
you, and that no approbation of the resolution had come in so long an
interval; and considering that that quantity, and much more which is
added to it, is bought on the account of the royal treasury for the
ordinary expenses and rations furnished by the royal treasury, which
makes an assessment among the Indians in order to get it, and that
your Majesty pays for what we take, at the rate of four reals, and
at times four pesos--but more often without paying the poor Indians,
because [the treasury] has not the wherewithal; [and considering that]
for that reason of not giving those Indians the money and of the loss
suffered by them--who, in order to comply with the assessment, have
to buy at much dearer rates--not only resulted the harm in the loss of
the money, but sometimes loss of liberty to some, as they have become
slaves because of it: therefore, in order to reform so great an evil,
I have enacted that this rice should not continue to be given to us,
and that what has been received be restored, unless your Majesty
shall order otherwise. [84] I have enacted the same in regard to
four hundred pesos that were ordered to be given to the government
secretary every year, by a similar meeting of the royal treasury,
and excusing him from securing your Majesty's confirmation. Since
his office is such that he bought it for seventeen thousand pesos
at a time when it had no more perquisites than now, and not so many,
consequently, that increased salary will cease and the money withdrawn
on this account from the royal treasury will be returned to it. I have
ordered that the money which is generally removed from the division of
the accounts of probated estates [_bienes de difuntos_] here to that
of Mexico, without any benefit from their property for the souls of
the deceased or for the heirs, when distributed or invested by order
of the judge of those estates [i.e., probate judge] shall be placed
in this royal treasury. The necessary vouchers shall be given, so
that an amount equal thereto may be delivered to the division of the
accounts of probated property in that city from the money that has
to be sent from the treasury of Mexico on your Majesty's account to
this treasury here. Thus will be avoided the expense of carrying that
money to the port and the danger of the sea, while it has even greater
conveniences, without any hurt to the heirs. And although it appears
so just, as will be learned from it, persons have not been lacking to
resent the limiting and lessening of the handling of the money. In
regard to the accounts of the alms from the bulls I would do the
same, if the agreements and conditions of their collection allowed,
as it would have the same convenience as the aforesaid procedure,
and would prove a very great blessing to the inhabitants of this
community, by obviating the investment of this money and the space
that it occupies in the vessels that carry it to Nueva Espana. Will
your Majesty be pleased to ascertain whatever is most to your service,
and that orders be given to me accordingly. In this matter, as in
those above, there are not wanting some to oppose it.

Licentiate Andres de Alcaraz, senior auditor of this royal Audiencia,
intended to depart this year with the vessels now about to leave
for Nueva Espana, but has deferred his departure both because of
his ill-health, from which he is recovering, and because I insisted
strenuously that he do not leave this Audiencia until the other
auditors of it become used to the despatch and customs of their
offices, and until they are more in harmony among themselves; for
since they are new men, and each one is self-confident in his own
capacity and sufficiency, they have had differences of opinion,
and partisans. Consequently for a year back there has been more
wrangling here, in suits in the Audiencia, than from the time it was
established. There would have been many more, had not Licentiate
Alcaraz, notwithstanding his many excuses and his advanced age,
been urged to attend it whenever possible, in order to avoid that
wrangling and the scandal resulting from it. He has endeavored to
bring them to agreement, a matter that caused him no little trouble,
and excused me from much, for finally the displeasure of those who
found that they could not do just as they wished, as it was not just,
has been shared between me and Licentiate Alcaraz. Concerning him,
I assure your Majesty that he is one of the discreet and sensible
judges in your service; and less than his going to take part in what
he deserves and in what can commend him to your Majesty's eyes, could
not console me at seeing him separated from me. For I do not know how
one who wishes to rule aright can have anything more to his taste than
such a counselor and one of so great experience in matters--such an
one whom, until now, I have been unable to have. And since I was so
assured of his good qualities, when I was about to embark in the fleet
to fight the Dutch fleet, I persuaded the said licentiate Alcaraz,
that if I died on that occasion, under no considerations was he to
forsake this country and the Audiencia until your Majesty should
have taken measures for all things. Although I gave clear reasons
for it, namely the long experience of the said licentiate Alcaraz
and other reasons, without thus touching on my distrust of the good
government of the other two auditors--although I could perhaps give
some different reason, if it were necessary--such was the spite that
those two exhibited toward us, that Licentiate Alcaraz tried to avoid
the charge of the government. At the end he conquered me and convinced
me to have Don Fray Miguel Garcia Serrano, archbishop elect of this
city, summoned to aid him in it; he was then absent from the city. The
latter is one in whom, besides his qualifications of devotion,
virtue, and learning, combine other qualities so good that they can
commend him for governments more important than this. Accordingly he
came to me at my request, and at the same entreaty he is staying,
and is daily putting me under new obligations to him, the greatest
of which is my seeing him so intent on and inclined to the service
of your Majesty, both in whatever pertains to his own office and
in what can aid me in mine. To conclude the account of what ensued
with the auditors--Licentiate Geronimo de Legaspi y Echabarria and
Doctor Don Albaro de Messa y Lugo--I shall say that whether for the
causes here written, or because of restraining them and trying to
reduce them to harmony and a desirable moderation; or because the
correction of justice is also overtaking the members of their families
(a matter on which I could debate by writing more); or, finally,
whether it be by deductions from these things (which I know not),
the two have so grudged their courtesies that they do not visit me
since I have come from outside--although I have been careful to go
to their houses oftener than was sufficient. Neither do their wives
visit mine. Will your Majesty be pleased to have them advised that
what they ought to do in this matter to another president than to me,
be not lacking to me. In other things, I shall manage with the fitting
mildness and delicacy, so that we all may proceed very conformably to
the service of your Majesty. I hope for this, for on my part there is
the desire and on theirs so many obligations. Very soon they will make
a trial of the obligations that they have in their offices. In order
not to neglect the fulfilment of my obligations and the discharge
of my conscience, I assure your Majesty that I do not consider it
advisable for your royal service that the present order be executed,
ruling that he who shall be senior auditor shall exercise the office
of captain-general because of the death of the governor; but [I
recommend] that, in case your Majesty should have appointed no person
for that purpose, the whole Audiencia, together with the archbishop,
shall appoint him, and the appointee shall remain subordinate to the
Audiencia, as are other captains-general, in the royal council of war:
Thus may be avoided the existence of two heads, which occurs with the
division of the departments of war and peace of the government, and
the great inconveniences that usually result from it. And according
to what I, as a Christian, believe, the inconveniences that could
be feared, were Licentiate Geronimo de Legazpi to take this office
(who in the event of the absence of Licentiate Andres de Alcaraz will
be senior auditor), would not be few; for as yet he is a person who
has not exhibited the capacity and qualities required for it. On the
contrary a certain incontinence has been noted in his morals. With
the scandal and bad example of that and certain inclinations in the
administration of justice, and complaints from persons to whom he
has failed to return money which he received from them to invest in
merchandise or to pay to them here, he has become as disreputable
as in other matters of his own private affairs. Since he allows one
of his sons, the eldest one here, called Don Atanasio de Legazpi,
to live so licentious a life, it is said of him that his father is
making amends for the fault of his son's bad rearing. He endures from
his son much disrespect, even fearing him and following his will in
unjust things. Hence it can be inferred that he who cannot govern
his own son will illy govern so many others. Further, with such a
counterpoise, and since this matter is so worthy of consideration,
and so important to the service of your Majesty, and since it is
not a matter on which I can take action here or which I can remedy,
I could not neglect reporting it to your Majesty, in order that you
may take those measures most suitable to your royal service.

Auditor Don Antonio Rodriguez de Villegas has just arrived in that
ship from Nueva Espana, but he is in so poor health that he cannot
attend the Audiencia except in any necessary case when Licentiate
Legazpi and Don Albaro must have a third person. At such times he is
requested to attend so that certain business may not be delayed. He
has given many signs of prudence, wisdom, and good intentions. That is
what hitherto we have been able to understand of him; and I promise
myself that his person will be of great service to your Majesty from
his good beginnings and the many good qualities that are found in him.

Licentiate Don Juan de Albarado Bracamonte, fiscal of this Audiencia,
has served in it and in the office of protector-general of the natives
and Sangleys of these islands, for eleven years, and, as I have thus
far understood, with great satisfaction and ability. He has ever
attended with peculiar care to the advancement of the preparation of
the fleets that have been prepared during that time, and to all other
matters of war and administration that have arisen. And according to
my good opinion of him, I would entrust to him even many more things
in matters touching your Majesty's service, and also with my own
affairs. As certain reports were made to me upon my arrival at these
islands last year, that were opposed to his method of procedure,
I endeavored to investigate them secretly and cautiously, and to
ascertain the truth concerning them. And although his duties are so
fitting and proper for the breeding of ill-will in those querulous
persons against whom he has prosecuted cases, or in his subordinates,
I have not found anything of importance that contradicts his rectitude
and integrity. Those are the qualities most to be esteemed in the
ministers of the Yndias. Consequently in consideration of his good
qualities, capacity, and skill, I regard him as deserving the grace
that your Majesty may be pleased to show him outside this Audiencia
in that of Mexico or Lima, in which I think that your Majesty will
be very well served.

A few days ago while I was in Cavite attending to the fleet which
I prepared for the purpose that I have related to your Majesty, Don
Fray Pedro de Arce, bishop of the city of Santisimo Nombre de Jesus,
and governor of this archbishopric, advised me that he heard that
certain persons were losing the respect due the college of Santa
Potenciana, of which your Majesty is patron. I replied to him that
I would immediately come to this city to procure the most suitable
remedy. Although I did so immediately without loss of time, I found
that Licentiate Legazpi, resolving quickly upon such notice as he
had, entered the said college and began to make investigations. He
examined witnesses on whom he used tortures. Upon seeing this case
already in this state, and considering the scandal and dishonor of
that royal house and of the guilty persons, it was judged necessary
for want of another remedy more honorable and private, to punish the
criminals as an example. Accordingly, by employing great diligence,
I had them arrested; and the master-of-camp, Don Geronimo de Silba,
having judged one of them in the first instance, by name Captain
Juan Lemoedano, and sentenced him to the gallows, he appealed to me;
but I have not been able as yet to examine his case because of lack
of the time necessary for it. The case of another, namely, Captain
Don Fernando Becerra, against whom there is apparently less proof,
has not yet been sentenced by the said master-of-camp, for he is
yet hearing evidence in it. From the investigations of this, guilt
is found against Don Juan Manuel de la Vega, ex-commander of the
ships of this line to Nueva Espana (son of Doctor Manuel de la Vega,
ex-auditor of this Audiencia), whom, according to the sufficient proof,
I ought and do condemn to be beheaded and his head exposed to [public]
view, and to the loss of one-half of his property. Nor is there any
necessity, for this [severity], to collect the evidence in the suit
brought against him for the loss of the galleon "San Marcos." He
was commander of that vessel when Don Juan Ronquillo fought with the
fleet of these islands against that of the Dutch at Playa Honda. He
appealed from this sentence to the royal Audiencia, where the case is
now proceeding--very slowly, because of the superfluous justification
that he is presenting. This has been an affair where it is desirable to
manifest great rigor; for otherwise the other correction that I have
tried to apply for the honor and defense of this royal house will not
be sufficient. On the contrary it would be a damaging precedent, so
that others might follow similar acts of audacity. In what pertains
to me I shall always endeavor to do justice, although, with these
appeals, it is impossible to do it in time, or with the energy that
is necessary. Especially in war, and as is customary in it, is rigor
at times necessary, and without any delays. Much more is it needed in
this land than in others, as dissimulation and failure to punish are
so usual in it. Thence result many acts of lawlessness, disobedience,
and crime, which inflict great injuries. To restrict them, punishment
is necessary, and without it no good government can result, even in
peace, much less in war.

Certain doubts are wont to arise in the matter of jurisdictions,
and the Audiencia and I understand differently one of your Majesty's
decrees which treats of those doubts, which was issued at El Pardo,
November seventeen, six hundred and seventeen. In it your Majesty
orders that the master-of-camp try all causes, both criminal and
military, that touch the soldiers of the presidios, and the ordinary
pay of these islands; and also of the others who may not be ordinary
soldiers, if they shall have been levied for any purpose and have taken
arms in their hands. The appeals of all are to go to the governor
and captain-general. The Audiencia thinks that that should only be
understood in regard to those who may be levied and assigned pay
(as if, having that, there would be any difference between the recent
and the oldest levies), and not in regard to citizens when (because
of the absence of the regular infantry) they take up arms for the
guard of the city, or to go out in emergencies, as many are wont to
do. But I can not see how they could be ordered or how they would obey
with the punctuality that war demands, if the punishment of offenses,
disobedience, and other acts that are criminal in soldiers, were not
in charge of the military judges. In Ytalia and Flandes, the Spanish
soldiers have only one judge, namely, the commander of the army; for
although the masters-of-camp judge in the first instance in cases, that
is only exercised by them when away from the commander-in-chief. Will
your Majesty please order this matter to be examined and declare your
pleasure therein; also in what pertains to the soldiers of forts and
the other paid men in them, for I do not know whether your Majesty
has hitherto given the jurisdiction in the first instance to the
castellans by special decree. Likewise I do not know whether it has
been declared as to whom pertains the trial in the first instance of
the men in the galleys who have a general or lieutenant, or of their
soldiers; or to whom pertains the trial of those who are generally
added to and embarked on the galleys from the companies of this camp.

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